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Court to rule on EU treaty vote Wheeler loses EU treaty poll bid
(about 5 hours later)
The High Court is due to rule later on an attempt by millionaire Stuart Wheeler to force a UK referendum on the Lisbon Treaty. Millionaire tycoon Stuart Wheeler has lost his High Court battle to force a UK referendum on the Lisbon Treaty.
Mr Wheeler argues that a referendum was promised in Labour's 2005 manifesto and "fair play" means it should be held. Mr Wheeler argued that a referendum was promised in Labour's 2005 manifesto and "fair play" means it should be held.
But the government says the treaty does not have constitutional implications. Prime Minister Gordon Brown says the treaty does not have the constitutional implications to merit a referendum.
Parliament has passed the Bill allowing the treaty to be ratified but Gordon Brown has said he will not to do so until the High Court rules on the case. Parliament has effectively ratified the EU's reform treaty after a bill bringing it into UK law was given Royal Assent last week.
'Stay hand' National veto
The EU (Amendment) Bill gained Royal Assent on Thursday, but the treaty is not technically ratified until the "instruments of ratification" are deposited in Rome.
Treasury lawyers wrote to the judges in the Wheeler case last week, saying the government was "proceeding to ratify the Treaty of Lisbon".
One of the judges, Lord Justice Richards, replied expressing "surprise" and urging ministers to "stay their hand" until he gave his ruling.
Mr Brown said the judge's request 'fits in with our timetable'
The prime minister, who was at an EU summit in Brussels where leaders discussed what to do about the treaty, after it was rejected in an Irish referendum, responded that the request "fits in with our timetable" and "of course" it would not be ratified before the ruling.
A Conservative bid to force a referendum on the EU Treaty failed in the Commons and Tory MP Bill Cash sought his own judicial review of the ratification process, after the Irish 'no' vote. He was unsuccessful.
The Lisbon Treaty aims to streamline the decision making of an enlarged European Union but critics say it will transfer more power to unelected officials in Brussels.The Lisbon Treaty aims to streamline the decision making of an enlarged European Union but critics say it will transfer more power to unelected officials in Brussels.
Irish referendum
It includes removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.It includes removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.
It was drawn up to replace the EU Constitution, on which Labour had promised a referendum, but which was rejected by French and Dutch voters in 2005.It was drawn up to replace the EU Constitution, on which Labour had promised a referendum, but which was rejected by French and Dutch voters in 2005.
Mr Wheeler, a Conservative Party donor, argued that the treaty was substantially the same as the constitution, on which a referendum had been promised. Mr Wheeler, a Conservative Party donor, said the treaty was substantially the same as the constitution so the referendum pledge still stood.
'Legitimate expectation''Legitimate expectation'
His counsel, Rabindher Singh QC, argued that promise had given rise to "a procedural legitimate expectation that a referendum would be held in respect of that treaty - and by implication any treaty containing substantially similar terms, whatever its name". His counsel, Rabindher Singh QC, argued that a promise had given rise to "a procedural legitimate expectation that a referendum would be held in respect of that treaty - and by implication any treaty containing substantially similar terms, whatever its name".
But the government says the treaty is very different to the constitution. But Jonathan Sumption QC, appearing for the office of the prime minister, asked the court to reject Mr Wheeler's case claiming it was "politics dressed up as law".
Jonathan Sumption QC, appearing for the office of the prime minister, asked the court to reject Mr Wheeler's case claiming it was "politics dressed up as law".
He said, if they accepted Mr Wheeler's case, judges could become involved in a range of political issues where assurances had been given to the electorate at large - from class sizes to tax rates.He said, if they accepted Mr Wheeler's case, judges could become involved in a range of political issues where assurances had been given to the electorate at large - from class sizes to tax rates.
The treaty is in the process of being ratified by all EU states - but its own future is under question after it was rejected by a referendum in Ireland. Unless it is accepted by all EU states, it cannot come into force. The treaty is not technically ratified until the "instruments of ratification" are deposited in Rome by all 27 countries. The UK is not expected to do so until the middle of July.
But the EU treaty's future is under question after it was rejected by a referendum in Ireland.